Angela
Napili
Information Research Specialist
The
federal government provides grants for voluntary family planning services
through the Family Planning Program, Title X of the Public Health Service
Act, codified at 42 U.S.C. Section 300 to Section 300a-6. The program,
enacted in 1970, is the only domestic federal program devoted solely to
family planning and related preventive health services. Title X is administered through
the Office of Population Affairs (OPA) under the Office of the Assistant
Secretary for Health in the Department of Health and Human Services
(DHHS).
Although the authorization of appropriations for Title X ended with FY1985,
funding for the program has continued to be provided through appropriations
bills for the Departments of Labor, Health and Human Services, and
Education, and Related Agencies (Labor-HHS-Education). Within DHHS, Title
X receives its funding through the Health Resources and Services Administration
(HRSA) account.
The President’s FY2013 Budget requests $296.838 million for Title X, 1% more
than the FY2012 funding level. The Senate-reported FY2013
Labor-HHS-Education Appropriations bill, S. 3295, would provide $293.870
million. FY2012 funding for Title X is $293.870 million, 2% less than the
FY2011 funding level of $299.400 million. The Consolidated Appropriations Act,
2012 (P.L. 112-74) continues previous years’ requirements that Title X
funds not be spent on abortions, that all pregnancy counseling be
nondirective, and that funds not be spent on promoting or opposing any
legislative proposal or candidate for public office. Grantees continue to be
required to certify that they encourage “family participation” when minors
seek family planning services, and certify that they counsel minors on how
to resist attempted coercion into sexual activity. The law also clarifies
that family planning providers are not exempt from state notification and
reporting laws on child abuse, child molestation, sexual abuse, rape, or
incest.
The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programs
where abortion is a method of family planning. According to OPA, family
planning projects that receive Title X funds are closely monitored to
ensure that federal funds are used appropriately and that funds are not used
for prohibited activities such as abortion. The prohibition on abortion does
not apply to all the activities of a Title X grantee, but only to
activities that are part of the Title X project. A grantee’s abortion
activities must be “separate and distinct” from the Title X project activities.
Several bills addressing Title X have been introduced in the 112th Congress.
H.R. 217 and S. 96 would prohibit Title X grants to abortion-performing
entities. H.R. 408 and S. 178 would eliminate the Title X program. H.R.
1099 would prohibit federal spending on any family planning activity. H.R.
1135, H.R. 1167, and S. 1904 would require an overall spending limit on meanstested welfare
programs, defined to include family planning. S. 814 would require online disclosure
of audits conducted under Title X on any entity receiving Title X funds. H.R.
5650 would prohibit Title X grantees and contractors from discriminating
against a health care entity on the basis of whether it separately
provides or refers for abortions, provides employees coverage of
abortions, or provides or requires training in performing abortions. H.R. 1
would have eliminated funding for Title X for FY2011. H.R. 1 and
H.Con.Res. 36 would have restricted federal funding to the Planned
Parenthood Federation of America (PPFA) and its affiliates for FY2011. The
House-introduced FY2012 Labor-HHS-Education Appropriations bill, H.R. 3070, would
have prohibited the bill’s funds from being used for Title X. H.R. 3070 would
have also restricted the bill’s funding to PPFA and its affiliates unless
they certify that the organization will not perform abortions.
Date of Report: June 18, 2012
Number of Pages: 27
Order Number: RL33644
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